---
title: "Check a diagnosis against the New South Wales dust disease schedules"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-a-dust-diagnosis-is-inside-the-statutory-disease-list/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-DD20261023-3-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Check a diagnosis against the New South Wales dust disease schedules

> Set the diagnosis beside section 3 and Schedule 1 of the Dust Diseases Tribunal Act 1989, and mark named, catch-all, or not covered.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-a-dust-diagnosis-is-inside-the-statutory-disease-list/new-south-wales  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | Set the diagnosis beside section 3 and Schedule 1 of the Dust Diseases Tribunal Act 1989, and mark named, catch-all, or not covered. |
| What the lawyer must review | Match the diagnosis words to the report and then to Schedule 1. Do not add the sinus. Section 3 does not include it. Confirm the 1942 Act schedule separately. That page was not opened. Keep the reports in the firm tool under ASCR r 9, APP 11 and the Privacy Act 1988 (Cth). |
| Written for | New South Wales |
| Applies to | [Check whether a dust diagnosis is inside the statutory disease list](https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-a-dust-diagnosis-is-inside-the-statutory-disease-list.md) |

## Checking plan

**Verify against sources**

The Tribunal definition is Schedule 1 or a catch-all of the lungs, pleura or peritoneum, with no sinus.

- What the AI does: Set the diagnosis beside section 3 and Schedule 1 of the Dust Diseases Tribunal Act 1989, and mark named, catch-all, or not covered.
- What the lawyer does: The lawyer decides whether the diagnosis is a dust-related condition for the Tribunal and for Dust Diseases Care.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. Section 3 means a disease specified in Schedule 1, or any other pathological condition of the lungs, pleura or peritoneum attributable to dust.
2. Schedule 1, read on AustLII, lists 19 diseases, including mesothelioma, silicosis, silico-tuberculosis, silica-induced carcinoma of the lung, systemic sclerosis, hypersensitivity pneumonitis and pneumoconiosis of any form.
3. SIRA says Schedule 1 to the 1942 Act lists the same 19 diseases. That schedule page was not opened.
4. Dust Diseases Care eligibility still requires New South Wales employment exposure and reasonable attribution, not only a name on the list.

## Notes

- The official in-force Act page opened as a contents list. The section text was read on AustLII.
- The Dust Diseases Tribunal practice-notes index opened on 23 October 2026 has no generative AI note. Do not treat a Supreme Court note as the Tribunal rule. Do not enter confidential information into a public tool.

## Practical guide

Jurisdiction: Dust Diseases Tribunal Act 1989 s 3 and Schedule 1

**Deliverable**: A diagnosis comparison against Schedule 1 and the catch-all.

**Inputs**

- Diagnosis report
- Schedule 1
- Employment state

**Example**: Illustrative example: The report says systemic sclerosis attributed to silica dust. The tool marks it as a Schedule 1 disease. The lawyer still checks New South Wales exposure before treating Dust Diseases Care as open.

**Stop and escalate when**

- The 1942 Act schedule is treated as read.
- The sinus is marked as included.

Checked 2026-10-23.

## Sources

- [Dust Diseases Tribunal Act 1989 (NSW) Schedule 1](https://www.austlii.edu.au/au/legis/nsw/consol_act/ddta1989243/sch1.html) (checked 2026-10-23)
- [Dust Diseases Tribunal Act 1989 (NSW) s 3](https://www.austlii.edu.au/au/legis/nsw/consol_act/ddta1989243/s3.html) (checked 2026-10-23)
- [SIRA insurer guidance GN 10.1 Dust diseases](https://www.sira.nsw.gov.au/workers-compensation-claims-guide/insurer-guidance/other-nsw-wc-schemes/gn-10.1-dust-diseases) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Dust Diseases Care eligibility checklist for a statutory application](https://ailawframework.com/precedents/personal-injury-and-compensation/nsw-dust-diseases-care-eligibility-checklist.md) | Checklist | Yellow | Checklist for a Dust Diseases Care eligibility screen: a covered diagnosis, exposure while employed in New South Wales, and a resulting disability.… |

Signed-in accounts can read the full text of each one.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*